Big Win for Defense in San Bernardino County Colonies Case

Judge Michael A. Smith dismissed conspiracy charges against all four defendants
in the Colonies Partners LP case citing the expiration of the statute
of limitations. Jeff Burum, Paul Baine, Jim Erwin and Mark Kirk are accused
of conspiring to approve a $102 million settlement between San Bernardino
County and Burums investment group, Colonies in November 2006.

Conspiracy carries a three-year statute of limitations and the defense
successfully argued that the alleged conspiracy was known in 2006, more
than three-years prior to the filing of a criminal complaint. The defendants
are currently pending other criminal charges that Judge Smith is also
considering dismissing. The judge needed time to make an informed and
accurate decision and continued the case one day.

On Thursday, Judge Smith indicated he was leaning toward dismissing another
12 felony counts against the defendants because of statue of limitation
issues. The judge gave both the San Bernardino County District Attorneys
Office and The California Department of Justice attorneys additional time
to argue why he should not dismiss the charges and he is taking their
argument under submission.

The charges Judge Smith is currently considering dismissing are misappropriation
of public funds, bribery and conflict of interest. If those charges are
dismissed, the entire case against Burum will be dismissed. However, if
the court allows the prosecutors to amend their complaint, it may prevent
a dismissal.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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